General Terms & Conditions for Ejoy GmbH

 

    1. Scope of Application

    Ejoy GmbH operates an online gaming portal at www.ejoygame.com (hereinafter referred to as Ejoy). A range of online games as well as other services is offered on the Ejoy website. These services include, for example, the possibility of creating a profile page, participating in blogs and forums, uploading media such as photographs, texts and games and purchasing virtual items or other services. The players of Ejoy GmbH games and services and the users of the online gaming portal www.ejoygame.com are hereinafter referred to as “Users”. In the following general terms and conditions (hereinafter referred to as Terms & Conditions), references made to “Games” or “Services” will pertain to the games and/or services offered by Ejoy GmbH.

    Ejoy GmbH offers Users Games and Services which are based exclusively on these Terms & Conditions. User Terms & Conditions are not considered part of the general contract unless Ejoy approves these in writing.

    The following Terms & Conditions apply to the use of the Ejoy gaming portal as well as the online Games and Services of Ejoy GmbH. The Games and Services can be accessed primarily through a personal computer connected to the Internet by telephone, ISDN, broadband or equivalent connection. In addition, it is possible to use various other Internet-capable devices, whereby the scope of operation and/or display characteristics may be limited

    These Terms & Conditions expressly exclude questions which might arise with regard to the establishment of Internet access, connection to websites and online games, and third-party software such as browsers or access software, as these Services are not provided by Ejoy GmbH.

      1.1 Users

        1.1.1

        The use of Ejoy Games and Services for pecuniary or any other commercial purposes is hereby prohibited.

        1.1.2

        At the time of registration for Ejoy Games and/or Services, the User explicitly guarantees that (i) he/she is of legal age or (ii) he/she has obtained the express consent of his/her legal guardian.

      1.2 Subject Matter of the Contract, Usage of and Changes to the Games and Services

        1.2.1

        Ejoy GmbH offers its Users the possibility of using Games and Services which are offered by Ejoy on the Internet subject to existing technical and commercial capabilities.

        1.2.2

        Participation in the Games is for entertainment purposes only.

        1.2.3

        Ejoy GmbH, as part of its Services, stores certain information at ejoygame.com and offers its Users the possibility of uploading information to the Internet and creating personal profiles, etc. which can be viewed by other users of Ejoy Games and Services as well as by third parties. Furthermore, the User can also communicate with third parties via the Ejoy portal, upload and exchange photographs, videos, games, music and other media, publish blogs and comments, and rate games, other users, third parties or transactions.

        1.2.4

        Registration, i.e. an application to open an Account, can be accomplished by filling out a form and providing the information requested therein. The use of Ejoy Games and/or Services will be permitted from the time an account is created for the user by Ejoy GmbH.

        1.2.5

        A User is entitled to create multiple Accounts at the Ejoy portal. Several Games, however, prohibit the use of more than one Account by one and the same User (“prohibition of multi-accounts”). Detailed information is provided in the rules of the respective Game(s). Ejoy GmbH strongly recommends that all users with multiple Accounts carefully read the respective rules of the Game(s), because the use of multi-accounts in certain Games can lead to an immediate ban of the User.

        1.2.6

        Once an Account has been created, the User may use the respective Game and/or Service by accessing the Ejoy game portal or entering the respective URL and logging in thereafter.

        1.2.7

        The Games and Services can only be accessed by means of a standard web browser or special tools which have been provided or expressly approved by Ejoy GmbH (Ban on of non-authorized scripts). In other words: The use of programs which cause excessive server load are strictly forbidden. The application of software to systematically or automatically control games or individual game functions such as bots, macros, etc. or to reproduce or evaluate games, game components or content provided on the Ejoy platform is prohibited.

        1.2.8

        It is forbidden to exploit bugs and/or errors in the programming for personal gain. Recognized bugs should be reported as quickly as possible in the bug forum, by IRC or by e-mail.

        1.2.9

        The User has no legal claim to open an Account or to publish information on the Ejoy portal.

        1.2.10

        Current technical and other requirements for the Games and Services are available on the Ejoy portal and/or the respective websites of the Games.

        1.2.11

        Ejoy Games and Services are continuously being updated, adapted, enhanced and modified. For this reason, the User is only granted the right to use the current version of the respective Games and Services.

        1.2.12

        Use of the basic version of the Games is free. Some features are only available to paying customers. Use of the Services is free unless otherwise stipulated in the description of the respective Services.

        1.2.13

        The User has no legal claim to demand the perpetuation of Ejoy Games and/or Services as they were at the time of concluding the contract. Ejoy GmbH reserves the right to cease operation of individual Ejoy Games and/or Services at any time without prior notice or justification. In this case, the User can choose to have Ejoy GmbH issue him/her a credit for use with other Ejoy Games or Services of his/her choice or request a refund for payments which he/she has made in advance for Services such as Premium benefits. The User’s right to terminate the agreement with immediate effect due to Games and/or Services which are unable to be used remains unaffected. Further claims made by the User are hereby prohibited unless otherwise expressly described in these Terms & Conditions.

     

    2. Offer and Conclusion of Contract

      2.1

      By filling in the registration form for the Account, the User enters into a binding contract (hereinafter referred to as “User Application"). For this purpose, all fields of the registration form marked as being “required” must be filled in completely and correctly.

      2.2

      The agreement between Ejoy GmbH and the User is considered valid when Ejoy GmbH approves the User Application. Confirmation of the User Application can be explicitly communicated by Ejoy GmbH as a result of an action on the part of Ejoy GmbH.

      2.3

      Ejoy GmbH will promptly send a confirmation e-mail acknowledging receipt of the User application to the e-mail address provided by the User at the time of registration. This acknowledgment of receipt does not represent a binding approval of the User Application. The acceptance of the User application and the confirmation to access Ejoy Games and Services can, however, be sent together with the acknowledgment Email.

     

    3. Availability

    Ejoy GmbH guarantees that its Games and Services will be available 90% (ninety percent) of the time on a yearly average. Excluded from this percentage are time periods in which Ejoy portal servers, individual Games and/or Services are not available on the Internet due to technical or other problems which are outside the control of Ejoy GmbH, such as force majeure, third-party fault, etc. as well as periods in which routine maintenance work is carried out. The liability of Ejoy GmbH with regard to inaccessibility of the games and/or services by intent and gross negligence remains unaffected. Ejoy GmbH can restrict access to its Games and Services if required for network security and preservation of network integrity, especially with regard to the prevention of severe breakdowns or interruptions of the network, software or stored data.

     

    4. Access to these Terms & Conditions, Changes and Further Notifications, Contact by the User

      4.1

      The User accepts these Terms & Conditions as binding by submitting his/her User Application and using Ejoy Games and/or Services. These Terms & Conditions apply for each login to the Ejoy portal, especially when any of the Ejoy Games and/or Services are used. The Terms & Conditions can be printed out or saved onto digital media before sending the User Application.

      4.2

      Ejoy GmbH reserves the right to change or amend these Terms & Conditions with regard to future arrangements at any given time, provided this is deemed necessary and if the User is not put at a disadvantage in a breach of good faith.

      4.3

      The User will be notified in an appropriate manner in writing of the changes made to the Terms & Conditions. As a general rule, such announcements are usually published on the Ejoy GmbH websites where Ejoy Games and/or Services are offered, or by e-mail. Changes to the Terms & Conditions will always be provided to the User with a highlighted announcement at the next login.

      4.4

      Unless otherwise stipulated in these Terms & Conditions or in other agreements with the User, Ejoy GmbH will generally communicate with the User by e-mail. The User will ensure that he/she can receive all e-mails sent by Ejoy GmbH to the address he/she submitted to Ejoy GmbH at the time of registration or subsequently. He/she is responsible for settings and maintenance of the spam filter and for regularly checking all incoming e-mail sent to this address. Ejoy GmbH reserves the right to correspond with Users using whichever form of communication they deem necessary.

     

    5. Instructions and Rules of the Games

      5.1

      Instructions and rules of the Games and/or Services will be published on the Ejoy portal or on the websites of the respective Games and/or Services.

      5.2

      The User is consciously aware that he/she plays together with numerous other Users in online games, and that he/she communicates with different Users of Services over the Ejoy portal. In order to ensure successful interaction between the Users in the Games, it is imperative that the rules are observed by all Users. By using Ejoy Games and/or Services, the User thereby acknowledges the rules and participation requirements as legally binding.

      5.3

      The User will also refrain from undertaking any other activity which could interfere with the normal operation of Ejoy Games and/or Services or disrupt the successful interaction between Users in the Games.

     

    6. Adjustment of Fees

    Ejoy GmbH reserves the right to reduce prices or to offer new products, services or methods of payment at any time either on a temporary or permanent basis.

     

    7. Termination

    Ejoy GmbH has the right to terminate the contractual agreement especially for, but not limited to, the following reasons:

    • The User knowingly violates any law or the rules of the Games and/or Services, and does not discontinue his/her actions despite having received a warning. A warning is not required in case of a severe offense where it would be unreasonable to expect Ejoy GmbH to remain bound by the contract.
    • The User has not used his/her Account for a period of four weeks despite having received a reminder.

    Cases in which it would be unreasonable to expect Ejoy GmbH to remain bound by the contract generally include the following:

    • The User violates criminal law.
    • The User violates the prohibition of multi-accounts which may be stipulated in the respective Game’s rules.
    • The User violates the prohibition of pushing.
    • The User violates the prohibition of non-authorized scripts.
    • The User violates the prohibition of exploiting programming errors (bugs)
    • The User deliberately provides false information upon registration or while completing payment of Premium Features.